By the Merchant Shipping Act of 1854, these rules underwent con siderable modification, and since then the British marithne law, which had previously differed from the common law on the subject of negli gence, is now Identical with it. At common law, a person cannot recover for damage sustained from the negligence of another If his own negligence contributed to the event, or if he might here avoided it by the exercise of ordinary are and skill ; but if the other who is sued might, by ordinary care and skill, have avoided the accident, he is liable, notwithstanding there be negligence in the plaintiff remotely connected with the event.
In case of damage done to a ship by another vessel that is in fault, the maritime law gives to the sufferer a lien on the ship that does the wrong. In virtue of that lien, she may be arrested under process of the Admiralty Court, condemned, and sold, and so much of the pro ceeds of sale applied as is necessary to compensate the owner of the damaged ship; and in cave the produce of the sale is not sufficient, the lien extends to the freight being carried by the vessel at the time, and that too may be ordered to be brought into the treasury of the court for adjudication and distribution, pursuant to the law and facts of the case. We have already seen that the liability of British owners is limited, under the supposed eiromustances, to the value of the ship and the amount of the freight.
Pilotage; Tionaga—Immediately connected with the subject of damage by collision is the law of the local pilot. The legislature has made it compulsory on vessels passing over certain pilotage grounds to take one of the local licensed pilots on board, and has at the same time conferred upon the owner, who was thus deprived of his option, an immunity from liability for any damage caused by the ship while she is under the management of such pilot, provided the damage is in no degree attributable to misconduct in the master and crew, or insuf ficiency of the ships equipment. The institution of pilots in this country data from the time of Henry VIII.; and their government Is entrusted to the Trinity House, and to certain other pilotage autho rities throughout the United Kingdom. It is binding on a pilot to take charge of a ship when required, and on a master to receive such pilot on board when he offers within the pilotage ground, there being at the time no licensed pilot on board. When the pilot takes charge of the ship he is supreme, the master and crew being bound to obey him in all reasonable orders and demands. If the ship is at the time in tow, the tug also is under the orders of the same pilot ; and it may be presumed concerning the tug in tow, that if she obey exactly the orders of the licensed pilot in the ship, the owners of the tug are not liable for any damage resulting in consequence. Under these circum
stances, it is the pilot who is liable, and his liability in the Trinity House district ie limited by Parliament to the amount of his bend, namely, 100/. The duty of taking such pilot on board in these par ticular localitiee being compulsory on foreign as well as British ships, they participate also in the immunity conferred on the others. [Puke.] 3. The Persons rho Navigate British Ships. Qualification of Officers.— A very important change was introduced into the mercantile marine of this country by the Merchant Shipping Act of 1854: the officers of that service are now intrusted with command only upon satisfactory evidence of their qualifitntiorui and fitness. Upon testimonials of service, experience, and character, and neon personal examination of the candidates in various departments of knowledge proper to their calling, do the local marine boards distributed throughout the United Kingdom, at all ports of any note, determine week by week upon giving or refusing certificates of fitness to be masters, mates, or first or scooted mates of foreign-going ships or home-trado passenger ships.
These are certificates of competency. Certificates of service as master or mate in British foreign.goiog ships before the 1st of January, 1851, or as master or mate of a home-trade passenger ship before the let of aanuary,1854, entitle the holders still to serve in the like capacities. A lieutenant, master, passed mate, or second master, or one of any higher rank in her mejesty'a service, or that of the East India Company, is entitled to serve as master of a British ship. A certificate proper to the rank in which be serves must be held by and bo in the possession of the master and first and second or only niato of every foreign-going British ship, and the master and first or only mate of every home-trade pasenger slip proceeding to sea from the United Kingdom, otherwise she cannot clear out. attune every such vessel of 100 tons burden and upwards there must be at least one officer besides the master who possesses s legal valid certificate appropriate to the grade of first or only mate of such vessel, or to a higher grade. A penalty of 50/. is Laid on every one who goes to sea as officer without an appropriate certificate, and on every person who employs anyone to go to sea in such capacity without first ascertaining whether he is so qualified.